# C_2007283EN.01003702.xml

| 24.11.2007 | EN | Official Journal of the European Union | C 283/37 |
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24.11.2007

EN

Official Journal of the European Union

C 283/37

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Action brought on 22 September 2007 — Pachtitis v Commission of the European Communities and EPSO

(Case T-374/07)

(2007/C 283/68)

Language of the case: Greek

Parties

Applicant: Demetrios Pachtitis (Athens, Greece) (represented by: P. Giatagantzidis, B. Niangou, lawyers)

Applicant:

Defendant: Commission of the European Communities and the European Personnel Selection Office (EPSO)

Defendant:

Form of order sought

| — | annul the decision by EPSO of 27 June 2007 and its implied decision to reject the applicant's confirmatory application of 10 July 2007, relating to his right to access to EPSO documents; |
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annul the decision by EPSO of 27 June 2007 and its implied decision to reject the applicant's confirmatory application of 10 July 2007, relating to his right to access to EPSO documents;

| — | order EPSO to send to him (i) a true copy of the questions put to him and his answers at the two preliminary tests (a) and (b) when he took part in the Open Competition EPSO/AD/77/06 (OJ C 277 A, p. 1) to constitute a reserve list for recruitment by the European institutions of administrator linguists (AD 5) having Greek as main language, in the field of translation and (ii) a true copy of the list of correct answers to those two preliminary tests taken by him; |
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order EPSO to send to him (i) a true copy of the questions put to him and his answers at the two preliminary tests (a) and (b) when he took part in the Open Competition EPSO/AD/77/06 (OJ C 277 A, p. 1) to constitute a reserve list for recruitment by the European institutions of administrator linguists (AD 5) having Greek as main language, in the field of translation and (ii) a true copy of the list of correct answers to those two preliminary tests taken by him;

| — | order the Commission of the European Communities and EPSO to pay the costs. |
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order the Commission of the European Communities and EPSO to pay the costs.

Pleas in law and main arguments

The applicant claims that the refusal of the European Personnel Selection Office (EPSO) to provide to him a true copy of the questions put to him and his answers at the two preliminary tests (a) and (b) when he took part in the Open Competition EPSO/AD/77/06 (OJ C 277 A, p. 1) and a true copy of the list of the correct answers to those preliminary tests taken by him, is a decision which is unlawful and insufficiently justified, given that it infringes his right to access to the documents of the European institutions under Article 255 EC and Articles 2 and 4 of Regulation (EC) No 1049/2001 (1), and that the statement of its reasons is very vague and infringes Article 253 EC. At the same time, according to the applicant, the refusal of EPSO to produce the above documents is contrary to the principles of transparency, proper administration, legal certainty and the protection of the legitimate expectations of citizens.

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(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145,p. 43).

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